Introduction

• Provisions related to the powers of superior officers of police and aid to the magistrates and the police are given under Chapter IV of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
• This chapter covers the legal authorities and responsibilities of senior police officers, as well as the ways in which the police can receive assistance from magistrates and other authorities.
• It outlines the powers that higher-ranking police officials have to provide direction and support to lower-ranking officers, as well as the procedures for police to request aid from the courts and other government entities when needed to carry out their duties.

Powers of Superior Officers of Police and Aid to the Magistrates and the Police

• Powers of Superior Officers of Police (Section 30):
  • This section states that a police officer who is in a superior rank to the officer in charge of the police station may exercise the same powers as vested to the police in charge within the limits of the station.
• Public when to Assist Magistrates and Police (Section 31):
  • This section states that every person is bound to assist the police and the magistrate whenever they demand aid in a reasonable manner:
    • In the taking or preventing the escape of any other person whom such Magistrate or police officer is authorised to arrest.
    • In the prevention or suppression of a breach of the peace.
    • In the prevention of any injury attempted to be committed to any public property.
• Aid to Person, other than Police Officer, Executing Warrant (Section 32):
  • This section states that a person having knowledge of the commission of any offence punishable under the following sections of Bharatiya Nyaya Sanhita, 2023:
    • Sections 103 to 105 (both inclusive)
    • Sections 111 to 113 (both inclusive)
    • Sections 140 to 144 (both inclusive)
    • Sections 147 to 154 (both inclusive) and Section 158
    • Sections 178 to 182 (both inclusive)
    • Sections 189 and 191
    • Sections 274 to 280 (both inclusive)
    • Section 307
    • Sections 309 to 312 (both inclusive)
    • Sub-section (5) of Section 316
    • Sections 326 to 328 (both inclusive)
    • Sections 331 and 332
• Shall inform the nearest magistrate or police for the commission or intention of such offence in absence of any reasonable excuse and the burden to prove the same shall also lie upon the person so aware about such intention or commission.
  • The term "offence" includes any act committed at any place out of India which would constitute an offence if committed in India.
• Duty of Officers Employed in connection with Affairs of a Village to make certain Report (Section 34):
  • This section establishes a legal duty for police officers, village officials, and residents to report certain information to judicial authorities or the police.
  • Duty to Report:
    • Individuals employed in village administration or living in a village must promptly notify the nearest magistrate or police station if they have knowledge of:
    • Known receivers or sellers of stolen goods residing in or near the village
    • Suspected criminals (robbers, escaped convicts, proclaimed offenders) passing through the village
    • Planned or ongoing commission of serious criminal offenses
    • Suspicious deaths, disappearances, or discovery of bodies in the village
    • Certain crimes committed outside of India but near the village
  • Definitions:
    • "Village" is defined to include the village lands
    • "Proclaimed offender" refers to someone declared a fugitive by a court or authority in any part of India, for crimes that would be very serious offenses under the penal code
    • "Village officials" includes panchayat members, village headmen, and others appointed to administrative roles
  • Reporting Procedure:
    • Any reportable information must be provided to whichever is closer - the nearest magistrate or the nearest police station.

Conclusion

On the side of police leadership, the law grants superior officers like superintendents and inspectors the authority to provide direction and oversight to lower-ranking officers under their command. This allows for a hierarchical structure where senior personnel can intervene and guide the actions of subordinates when necessary.

Conversely, the law also establishes obligations for police to collaborate with and receive assistance from magistrates and other authorities. This includes requirements for officers and village residents to promptly report various types of suspicious activity or criminal incidents to the nearest magistrate or police station. It also enables the police to formally request aid from the courts and other government agencies when needed to carry out their duties effectively.